Book contents
- Frontmatter
- Contents
- Preface
- List of cases
- List of constitutions
- List of statutes
- List of other instruments
- Map
- Introduction
- 1 The democratic state in Africa: setting the scene
- 2 Constitutions and the search for a viable political order
- 3 Devising popular and durable national constitutions: the new constitutions of the 1990s
- 4 Perfecting imperfections: amending a constitution
- 5 Presidentialism and restraints upon executive power
- 6 Enhancing access to the political system
- 7 Making legislatures effective
- 8 The judiciary and the protection of constitutional rights
- 9 The devolution of power to local communities
- 10 Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman
- 11 Seeking constitutional control of the military
- 12 Constitutionalism and emergency powers
- 13 Constitutional governance: the lessons from southern and eastern experience
- Bibliography
- Index
9 - The devolution of power to local communities
Published online by Cambridge University Press: 23 June 2009
- Frontmatter
- Contents
- Preface
- List of cases
- List of constitutions
- List of statutes
- List of other instruments
- Map
- Introduction
- 1 The democratic state in Africa: setting the scene
- 2 Constitutions and the search for a viable political order
- 3 Devising popular and durable national constitutions: the new constitutions of the 1990s
- 4 Perfecting imperfections: amending a constitution
- 5 Presidentialism and restraints upon executive power
- 6 Enhancing access to the political system
- 7 Making legislatures effective
- 8 The judiciary and the protection of constitutional rights
- 9 The devolution of power to local communities
- 10 Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman
- 11 Seeking constitutional control of the military
- 12 Constitutionalism and emergency powers
- 13 Constitutional governance: the lessons from southern and eastern experience
- Bibliography
- Index
Summary
Introduction
There are typically three levels of government: national, sub-national (regional), and local government. Decentralisation stresses the attribution of central government functions to lower levels of government (regional or local units), to which may then be granted a sphere of autonomy protected against the supremacy of national government. In answer to the demands for a greater self-determination and influence in decision-making, many countries worldwide are devolving political, fiscal, and administrative powers to sub-national tiers of government. This trend can be seen in countries with a long tradition of centralist government, as well as in federalist systems, and in developing as well as industrialised countries.
This chapter provides a more general analysis of the subject-matter than others in this book because the issue of the devolution of power is one that many of the ESA states have yet to address adequately. The ESA independence constitutions did not provide for elected governments accessible to the people at the local level. Rather the local government systems that were established were centrally controlled by the Ministry of Local Government and power remained consolidated in the central government. With the exception of South Africa and Uganda, this situation still largely remains the same.
In this chapter we examine the arguments for devolution; the powers sub-national tiers of government should enjoy; the relationship between sub-national tiers of government and the central government; and the critical elements that must be addressed if devolution is to succeed.
- Type
- Chapter
- Information
- Comparative Constitutionalism and Good Governance in the CommonwealthAn Eastern and Southern African Perspective, pp. 184 - 207Publisher: Cambridge University PressPrint publication year: 2004